General Terms and Conditions for the use of BreathTech-S3
BreathTech-S3 helps users understand breathing patterns and mask usage as they move around in their day-to-day lives when used with the mobile application and Bluetooth connectivity. BreathTech-S3 is not a medical apparatus and the use does not provide results that may be relied upon for medical purposes.
This product is not designed to prevent or protect from any form of risks to a person's health or safety, illness or disease (or otherwise). It does not cause damages to, nor bring additional risks for, users according to its intended use
BreathTech-S3 is made of:
a fashion face mask made out of fabric
a connected device which captures and registers breathing metrics a mobile application that displays data transferred from the connected device.
2. CONTACT DETAILS
BreathTech-S3 is designed and commercialised by the company Hirdaramani International Exports Pvt Ltd, Level 23 West Tower, World Trade Centre, Colombo-01, Sri Lanka
3. ACCESS TO BreathTech-S3
BreathTech-S3 can be used by:
Any person having the full legal capacity to be bound by these terms and conditions of use. Any person who does not have such full legal capacity may only use BreathTech-S3 with the agreement of their legal representative;
Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
4. ACCEPTANCE OF THE TERMS AND CONDITIONS
Users can accept the terms and conditions by checking a checkbox when setting up the account on the BreathTech-S3 companion application.
The acceptance of the terms and conditions can only be full and complete. Any qualified acceptance is considered as null and void. Any user who does not accept to be bound by the terms and conditions must not use BreathTech-S3.
5. DOWNLOADING THE BreathTech-S3 APPLICATION
Upon receipt of BreathTech-S3 users download the BreathTech-S3 application through the web stores indicated on the site, in particular Apple App Store or Google Play.
Users expressly acknowledge and accept that, when downloading the application, they are subject to the general terms and conditions applicable to these web stores.
Downloading the Application is free of charge.
Once they have downloaded the application, users connect it with BreathTech-S3 by following the process indicated in the user guide.
6. NO RETURN AND REFUND POLICY
For hygienic reasons, this is a final sale and cannot be returned.
If users notice that their BreathTech-S3 sensor has a defect, is non-compliant or damaged, they must inform , indicating the nature of the defect, non- compliance or damage found, and including any supporting documentation, such as a photography of the defected BreathTech-S3 sensor.
BreathTech-S3 sensors defect does not include the following (applicable to all users):
Any use of BreathTech-S3 that does not comply with its expected or recommended
use or with safety guidelines
Damage caused by accident, abuse, misuse, corrosion, flood, fire, earthquake or other external causes;
Damage following poor maintenance of BreathTech-S3 by the user or attempt to
repair or modify it
Natural wear and tear;
The lifetime of the battery;
Cosmetic damage, including scratches;
Damage caused by incorrect usage or use with another product;
8. OBLIGATIONS FOR USERS
Users must respect the following obligations.
While using BreathTech-S3, users agree to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Users acknowledge having read information on BreathTech-S3 and understood the characteristics and constraints, technical in particular, of the entire range of services.
Each user is solely responsible for their use of BreathTech-S3 and of the application. It is the responsibility of the user to ensure that they are of suitable health and medical condition prior to using BreathTech-S3.
Users undertake to use BreathTech-S3 and its application themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences. Users agree not to transfer, sublicense, delegate or assign to any third party, in any way, all or part of their obligations under these terms and conditions, including their access to BreathTech-S3 and the application
Users agree with the fact that BreathTech-S3 and its application provide them with an additional solution, not an alternative solution, for having knowledge of breathing patterns and mask usage and that this solution cannot substitute other means that users may dispose of elsewhere to reach the same goal.
Users expressly acknowledge that the use of BreathTech-S3 and its application require that they should be connected to the internet with Bluetooth connectivity enabled and that they are solely responsible for such connection.
9. USERS’ GUARANTEE
Each user undertakes to defend, indemnify, and hold BreathTech-S3 harmless from and against any claims, demands, actions and/or grievances whatsoever, that BreathTech-S3 could incur as a result of a breach by this user of any one of its obligations or guarantees under these terms and conditions. Users undertake to compensate BreathTech-S3 for any prejudice that BreathTech-S3 could be subject to, and to pay any costs, liabilities, charges and / or convictions that BreathTech- S3 could incur, as a result of such a breach.
10. PROHIBITED BEHAVIOUR
It is strictly prohibited to use BreathTech-S3 and its application to the following ends:
Carrying out activities that are unlawful, fraudulent or infringe on the rights or the
security of others,
Violating public order or any local policy or laws,
Hacking into the computer system of a third party or any activity aimed to harm,
control, interfere or intercept all or part of a third party’s computer system, violating
its integrity or its security,
Sending unsolicited emails and / or prospecting or commercial solicitation,
Tampering with the aim to improve referencing of another site,
Assisting or inciting, in any manner or form whatsoever, the carrying out of one or
several of the actions or activities described above,
And more generally, any action that uses BreathTech-S3 and its application for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of BreathTech-S3 products.
The following is also strictly prohibited:
any behavior that would interrupt, suspend, slow down, or prevent continuity of
BreathTech-S3 and its application,
any hacking or attempts to hack into BreathTech-S3 IT systems,
any hijacking of BreathTech-S3 and its application’s system resources,
any acts that would place a disproportionate load on the BreathTech-S3 infrastructure,
any attempts to breach BreathTech-S3 security and authentication structures,
any acts that could infringe on the rights and financial, commercial, and moral interests of BreathTech-S3 or of the users of its products and finally, more generally,
any breach of these terms and conditions.
11. SANCTIONS FOR BREACHES
In the event of a breach by a user of any of the provisions of these terms and conditions or more generally, of any infringement by the former of any laws and regulations in force, BreathTech-S3 reserves the right to take any measures it deems appropriate and in particular:
To suspend, cancel or access to BreathTech-S3 and its application for any user who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
To publish on the application or on BreathTech-S3 website any related informational message that BreathTech-S3 deems useful,
To inform any relevant authorities,
To commence and prosecute any legal proceedings
Liability and guarantee of BreathTech-S3
BreathTech-S3 undertakes to provide its services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by users.
More specifically, users expressly acknowledge and accept that BreathTech-S3 and its application are aimed at providing information on the breathing patterns and mask usage.
BreathTech-S3 does not guarantee to the users that BreathTech-S3 and its application, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects. In any event, BreathTech-S3 reserves the right to interrupt access to BreathTech-S3 and its application momentarily for maintenance purposes. In the same way BreathTech-S3 shall not be held liable if the application is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside BreathTech-S3 control, force majeure, or due to any disruption in the telecommunications network.
BreathTech-S3 cannot be held responsible for any failure or delay in the delivery of BreathTech-S3 due to users, force majeure or any unforeseeable and unavoidable act of a third party, such as disruption or partial or total strikes of postal services, transport channels or communications.
In any event, any liability that could be incurred to users by BreathTech-S3 within the context of these terms and conditions is expressly and solely limited to direct actual damages suffered by users.
SUBJECT TO OUR RETURN POLICY,
BreathTech-S3 AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THEM IS AT YOUR OWN RISK, AND IN NO EVENT WILL BreathTech-S3 BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF BreathTech-S3 AND ITS APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT BreathTech-S3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND BreathTech-S3 HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BreathTech-S3 LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO BreathTech-S3 BY YOU FOR THE PURCHASE OF BreathTech-S3 THAT GIVES RISE TO THE CLAIM.
12. BreathTech-S3 INTELLECTUAL PROPERTY
These terms and conditions do not confer to the users any intellectual property rights relating to BreathTech-S3 and its application, which remain entirely and exclusively the property of BreathTech-S3. The users only have a license of use of BreathTech-S3 and its application within the limits of these terms and conditions.
The systems, software, structures, infrastructure, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by BreathTech-S3 are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without BreathTech-S3 authorization, is strictly prohibited and could lead to prosecution.
13. PERSONAL DATA
14. CUSTOMER REFERENCES
Users who are entities expressly authorize BreathTech-S3 to cite and use as appropriate a reproduction of their trademark or logo as customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.
15. CANCELLATION OF TERMS OF THE SERVICES
Subscription to the terms and conditions is taken out by users for an unlimited term. Users can opt out of using BreathTech-S3 and its application at any time, by uninstalling the application.
BreathTech-S3 reserves the right to amend the terms and conditions at any time. Users shall be informed of these amendments through any pertinent channel.
Any user who does not agree with the amended terms and conditions must cease using the BreathTech-S3 and its application according to the provisions set out in paragraph “Cancellation of Terms of Services”.
Users who continue to use BreathTech-S3 and its application after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
18. LAW AND JURISDICTION
These terms and conditions are subject to the Laws of England and shall be interpreted and governed by such.